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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Pushpanjali Rana - Appellant
Versus
Union of India - Respondent
W.P.(C) 14160 of 2021
Decided On : 13-12-2021
Important Points
Subject
Administrative Law - Promotions
Headnote
(C) No.6094/2018, which established a precedent. This decision was not contested by the respondents. (Paras 1-3)
(B) Eligibility - Promotion is contingent upon the petitioners being otherwise eligible for the respective ranks as per existing guidelines. (Paras 4-5)
Facts of the case:
The petitioners sought promotion based on a previous decision where similarly situated individuals were granted promotions. The respondents agreed to comply with the precedent set in the cited case.
Findings of Court:
The court acknowledged the petitioners' claims and ordered their promotion to the respective ranks in line with the specified criteria and prior judgments.
Issues: The primary issue was whether the petitioners were entitled to promotions based on the precedent and if they met eligibility criteria.
Ratio Decidendi: The court ruled that prior judicial decisions mandating similar reliefs must be followed unless explicitly negated by substantive reasons, highlighting the principle of consistency in judicial pronouncements.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. judgment based on previous decision. (Para 1) |
| 2. commitment to grant similar reliefs. (Para 2) |
| 3. promotion direction issued to petitioners. (Para 3) |
| 4. eligibility prerequisite for relief. (Para 4) |
| 5. writ petition disposed of. (Para 5) |
JUDGMENT
Manmohan, J. (Oral):
C.M.No.44660/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 14160/2021
1. The prayers in the present petition are required to be allowed in terms of the decision dated 11th March, 2019 of this Court in WP(C) No.6094/2018 (Kalawati Thakur & Ors. vs. Union of India & Anr.) against which the respondent have decided not to file a Special Leave Petition.
2. Learned counsel who appears in the present matter for respondents states that all similarly placed officers shall be granted similar reliefs.
3. Accordingly, the present writ petition is allowed and a direction is issued to the respondents to promote the petitioners to the rank of Assistant Commandants and Deputy Commandants from the date their immediate juniors had been granted such promotion, as shown in the revised promotion list by the respondents, in compliance with the judgment dated 16th October, 2014 passed by the Supreme Court in CA Nos.9840-41/2014 (Union of India vs. Bilju A.T. & Ors.) with all consequential benefits. The necessary orders be issued within 12 weeks from today.
4. Needless to say, the petitioners will be granted relief by the respondents only if the petitioners are otherwise eligible.
5. Accordingly, the present writ petition stands disposed of in the aforesaid terms.
